Management, marketing, concept, research – according to German law § 5 TMG:
Management, marketing, concept, research – according to German law § 5 TMG:
tripsntracks UG (haftungsbeschränkt)
Telefon +49 40 468 992 48
Location: Hamburg | Local Court Hamburg: HRB 141122 | VAT-ID: DE306147677 | Managing Directors: Michael Carlin, Christoph Kähler | Responsible for contents as of § 55 II RstV: Michael Carlin and Christoph Kähler
© 2019 MOTOURISMO
Hosting, coding, support – development parnter:
Netropol Digitale Systeme GmbH
1. Name, address and other contact details of the responsible person
The person responsible within the meaning of the Basic Data Protection Regulation (DSGVO) and other national data protection laws as well as other data protection provisions is the
tripsntracks UG (haftungsbeschränkt)
Telefon +49 40 468 992 48
Our data protection officer is Mr. Michael Carlin, Eifflerstraße 43, 22769 Hamburg, Germany, E-Mail: firstname.lastname@example.org, Tel. +49 40 468 992 48
2. General information on data processing
2.1 Scope of the processing of personal data
We process the personal data of our users only to the extent necessary to provide our content, products and services.The processing of personal data of our users takes place regularly only after consent of the user.An exception applies in those cases in which prior consent cannot be obtained for actual reasons and the processing of the data is permitted by statutory provisions.
2.2 Legal basis for the processing of personal data
Insofar as we obtain the consent of the person concerned for the processing of personal data, Art. 6 para. 1 lit. a DSGVO serves as the legal basis.Art. 6 para. 1 lit. b DSGVO serves as a legal basis for the processing of personal data required for the performance of a contract to which the data subject is a party.This shall also apply to processing operations necessary for the implementation of pre-contractual measures.If the processing of personal data is necessary to fulfil a legal obligation to which we are subject, Art. 6 para. 1 lit. c DSGVO serves as the legal basis.In the event that vital interests of the data subject or another natural person necessitate the processing of personal data, Art. 6 para. 1 lit. d DSGVO serves as the legal basis. If the processing is necessary to safeguard a legitimate interest of our company or a third party and if the interests, fundamental rights and fundamental freedoms of the data subject do not outweigh the first-mentioned interest, Art. 6 para. 1 lit. f DSGVO serves as the legal basis for the processing.
2.3. Storage period and data erasure
The personal data of the person concerned will be deleted or blocked as soon as the purpose of storage no longer applies. Storage may also take place if the European or national legislator has provided for this in Union regulations, laws or other provisions to which the person responsible is subject.The data shall also be blocked or deleted if a storage period prescribed by the aforementioned standards expires, unless it is necessary for further storage of the data for the conclusion or performance of a contract.
3. the collection and storage of personal data, the purpose and legal basis of the processing, the duration of the processing and the possibility of objecting to and disposing of it
3.1 when visiting our website
When our website www.motourismo.com is accessed, information is automatically sent to the server of our website by the browser used on the user's terminal device. This information is temporarily stored in a so-called log file. The following information is collected without the user's intervention and stored until it is automatically deleted:
Information about the browser type and the version used
Operating system of the user
Internet service operator of the user
IP address of the user
Date and time of access
Name and URL of the retrieved file
Website from which access is made (referrer URL)
Websites that are accessed by the user via our website
The data mentioned will be processed by us for the following purposes:
Ensuring the smooth establishment of a connection and the provision of our website
Ensuring comfortable use of our website
Evaluation and assurance of system security and stability
other administrative purposes
The legal basis for data processing is Art. 6 Para. 1 S. 1 lit. f DSGVO. Our legitimate interest follows from the purposes listed for data collection.
Under no circumstances do we use the collected data for the purpose of drawing conclusions about the person of the user. An evaluation of the data for marketing purposes does not take place in this context.
The data will be deleted as soon as they are no longer required for the above-mentioned purposes.In the case of the collection of data for the provision and use of the website, this is the case when the respective session has ended.Logfiles are stored for a period of 14 days.Afterwards an automated deletion takes place.
3.2 When subscribing to our newsletter
3.3 When using our contact form and when contacting us by email
It is possible to contact us using the form provided on our website. At least a valid e-mail address must be provided so that we know who sent the request and can answer it. Further information can be provided voluntarily.
The IP address of the user and the date and time of use of the contact form are also collected in order to prevent misuse of the contact form and to ensure the security of our information technology systems.
When using the contact form, the user's consent is obtained and reference is made to this data protection declaration.
Alternatively, it is possible to contact us via our e-mail address. In this case the personal data of the user transmitted with the email will be stored. The processing of the personal data from the input mask of the contact form serves us solely to process the establishment of contact and any conduct of a conversation. In the case of an establishment of contact by email also our justified interest in the processing of the data lies in it. The data will not be passed on to third parties in this context. The data will be used exclusively for the processing of contacts and conversations. The legal basis for data processing is the user's consent pursuant to Art. 6 Para. 1 S. 1 lit. a DSGVO. Legal basis for the processing of the data with transmission of an email is art. 6 exp. 1 lit. f DSGVO. If the purpose of the contact is to conclude a contract, the additional legal basis for the processing is Art. 6 Para. 1 lit. b DSGVO. The personal data collected by us for the use of the contact form will be automatically deleted after completion of the request.The user has the possibility to revoke his consent to the processing of personal data at any time. If the user contacts us by e-mail, he can object to the storage of his personal data at any time. In such cases, the conversation cannot be continued. All personal data stored in the course of establishing contact will be deleted in these cases.
3.4 When registering on our website
There is the possibility of customer registration as a "MOTOURISMO member". The data transmitted within the scope of the registration serve the purpose of the use of the respective offer or service.
The registration and, if applicable, the confirmation time as well as the IP address and the entered data are stored.
The legal basis for data processing is the customer's consent pursuant to Art. 6 Para. 1 S. 1 lit. a DSGVO. The collected data will be stored until the user deletes his account as a registered user. This is possible at any time without giving reasons.
It is possible to register as a "MOTOURISMO-member" in the course of the customer's registration for a newsletter. Unsubscribing from the newsletter is possible at any time, for example via a link at the end of each newsletter as well as in the account administration of the respective user. The unsubscription request can also be sent to the contact details given above, for example to our e-mail address email@example.com (see also 3.2). When you unsubscribe, the data collected in connection with the newsletter will be deleted. Legal retention periods remain unaffected.
4. Transfer of data
Personal data of our customers and in particular of the users of our website (also referred to as "the person concerned") will not be transmitted to third parties for purposes other than those listed below.
We only pass on such personal data to third parties if the data subject has given express consent to this in accordance with Art. 6 para. 1 sentence 1 lit. a DSGVO, the disclosure pursuant to Art. 6 para. 1 sentence 1 lit. f DSGVO is necessary for the assertion, exercise or defence of legal claims and there is no reason to assume that the data subject has an overriding legitimate interest in not disclosing his data, there is a legal obligation to pass on data pursuant to Art. 6 para. 1 sentence 1 lit. c DSGVO, and
this is legally permissible and required under Art. 6 para. 1 sentence 1 lit. b DSGVO for the execution of contractual relationships with the data subject.
Information is stored in the cookie, which results in each case in connection with the specifically used terminal device. This does not, however, mean that we are immediately aware of the identity of the user.
In addition, we use temporary cookies to optimize user friendliness and to statistically record the use of our website and to optimize our services for the user. These cookies are stored on the end device for a specific period of time. If our site is visited again using this terminal, it is automatically recognised that a visit to our website has already taken place and which entries and settings have been made in order not to have to be entered again. These cookies are automatically deleted after a defined period of time.
The data processed by cookies are necessary for the purposes mentioned to safeguard our legitimate interests and those of third parties pursuant to Art. 6 Para. 1 S. 1 lit. f DSGVO.
Most browsers automatically accept cookies. However, users can configure their browser so that no cookies are stored on the end device or a message always appears before a new cookie is created. The complete deactivation of cookies can, however, mean that not all functions of our website can be used.
6. use of Google Maps
We use the offer "Google Maps" of Google Inc. (https://www.google.de/intl/de/about/) (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; hereinafter referred to as "Google"). This enables us to display interactive maps directly to the user of our website and enables the convenient use of the map function.
By visiting the website, Google obtains the information that the user has called up the corresponding subpage of our website. In addition, the data referred to in section 4 of this declaration is transmitted. This takes place regardless of whether Google provides a user account that the user is logged on to or whether there is no user account. If the user is logged in at Google, the data is directly assigned to his account. If the user does not wish his profile to be associated with Google, he must first log out. Google stores the data as user profiles and uses them for advertising, market research and to design its website according to requirements. Such evaluation is carried out in particular (even for users who are not logged in) to provide demand-oriented advertising and to inform other users of the social network about the user's activities on our website. The user is entitled to object to the creation of these user profiles, whereby the right must be exercised vis-à-vis Google.
Google also processes the personal data in the USA and has submitted to the EU-US Privacy Shield.
Further information on the purpose and scope of data collection and processing by the plug-in operator can be found in its privacy statements. Further information on rights in this regard and setting options for the protection of privacy can also be found there: https://policies.google.com/privacy?hl=de
7. Analysis and tracking tools
7.1. General information
The tracking measures listed below and used by us are carried out on the basis of Art. 6 para. 1 sentence 1 lit. f DSGVO. With the tracking measures used, we want to ensure that our website is designed to meet requirements and is continually optimised. On the other hand, we use the tracking measures to record the use of our website statistically and to evaluate it for the purpose of optimising our offer for the user. These interests are to be regarded as legitimate within the meaning of the aforementioned provision.
7.2 Google Analytics
We use Google Analytics, a web analytics service provided by Google Inc., for the purpose of tailoring our website to meet your needs and continually optimising it. (https://www.google.de/intl/de/about/) (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; hereinafter referred to as "Google"). In this context, pseudonymised user profiles are created and cookies (see section 5 of this declaration) are used. The information generated by the cookie about your use of this website such as
Operating system used,
Referrer URL (the previously visited page),
Host name of the accessing computer (IP address),
Time of the server request
are transferred to a Google server in the USA and stored there. This information is used to evaluate the use of the website, to compile reports on website activity and to provide other services relating to website activity and internet usage for market research purposes and to tailor these internet pages to meet requirements. This information may also be transferred to third parties if this is required by law or if third parties process this data on behalf of third parties. Under no circumstances will the IP address of the user be merged with other Google data. The IP addresses are anonymised so that an allocation is not possible (so-called IP masking).
Users can prevent the installation of cookies by configuring their browser software accordingly. However, we would like to point out that in this case not all functions of this website can be used to the full extent.
Users can also prevent the collection of data generated by the cookie and relating to the use of the website (including IP address) and the processing of this data by Google by downloading and installing the browser add-on. (https://tools.google.com/dlpage/gaoptout).
As an alternative to the browser add-on, in particular for browsers on mobile devices, users can also prevent the collection by Google Analytics by clicking on this link https://tools.google.com/dlpage/gaoptout. An opt-out cookie is set to prevent the future collection of user data when you visit this website. The opt-out cookie applies only to this browser and only to our website and is stored on the device used. If the cookies are deleted in this browser, the opt-out cookie must be set again.
Further information on data protection in connection with Google Analytics can be found in the Google Analytics help, for example at https://support.google.com/analytics/answer/6004245
7.3 Google Adwords Conversion Tracking
We also use Google Conversion Tracking to track the use of our website statistically and for the purpose of optimising our website. Google Adwords places a cookie (see paragraph 5 of this statement) on the user's terminal device if the user accesses our website via a Google advertisement.
These cookies lose their validity after 30 days and are not used for personal identification. If the user visits certain pages on our website and the cookie has not yet expired, Google and we may recognize that the user clicked on the ad and was directed to the relevant page.
Each Adwords customer receives a different cookie. Cookies can therefore not be traced via the websites of Adwords customers. The information collected using the conversion cookie is used to generate conversion statistics for Adwords customers who have opted for conversion tracking. Adwords customers will know the total number of users who clicked on their ad and were directed to a page with a conversion tracking tag. However, you will not receive any information that personally identifies users.
7.4 Google Adsense
Users can prevent the installation of cookies by configuring their browser software accordingly. However, we would like to point out that in this case not all functions of this website can be used to the full extent.
Google AdSense also uses so-called web beacons. These are invisible graphics. Through these web beacons, information such as visitor traffic on the pages of our website can be evaluated.
The information generated by cookies and web beacons about the use of this website (including the user's IP address) and the delivery of advertising formats is transmitted to a Google server in the USA and stored there. This information can be passed on by Google to Google's contractual partners. However, Google will not merge your IP address with other data stored by you. For more information about this and other data protection issues relating to Google Adsense, please visit: https://support.google.com/
User data can be stored in our Customer Relationship Management System ("CRM System") Pipedrive, Zoho or comparable inquiry organization.
We use the CRM system Zoho on the basis of our legitimate interests (efficient and fast processing of user enquiries, existing customer management, new customer business). Zoho provides its services through Zoho Corporation B.V., Hoogoorddreef 15, 1101BA Amsterdam and uses Zoho exclusively European servers. Zoho is certified under the US-EU Privacy Shield and is thus committed to complying with European data protection regulations. Further information can be found on the Zoho website.
We use HubSpot for our online marketing activities. This is an integrated software solution with which we cover various aspects of our online marketing.
These include, among other things:
* Reporting (e.g. traffic sources, access, etc. ...)
* Contact management (e.g. user segmentation & CRM)
* contact forms
The information sent by sending forms on our website as well as the contents of our website are stored on servers of our software partner HubSpot. They can be used by us to contact visitors to our website and to determine which services of our company are of interest to them.
HubSpot is a software company based in the USA with an office in Ireland.
2nd Floor 30 North Wall Quay Dublin 1, Ireland, Telephone: +353 1 5187500.
HubSpot is certified under the terms of the EU - U.S. Privacy Shield Framework and is subject to the TRUSTe 's Privacy Seal and the U.S. - Swiss Safe Harbor Framework.
* More information from HubSpot on EU data protection rules
* More information on the cookies used by HubSpot can be found here.
We use social plug-ins of the social networks Facebook and Twitter on our website on the basis of Art. 6 Para. 1 S. 1 lit. f DSGVO in order to make our website better known. The underlying advertising purpose is to be regarded as a legitimate interest within the meaning of the DSGVO. Responsibility for data protection-compliant operation is to be guaranteed by the respective operator.
On our website, social media plug-ins from Facebook (Facebook Inc., 1601 Willow Road, Menlo Park, CA 94025, USA) are used to make the use more personal. The "LIKE" or "SHARE" button is used for this purpose. This is an offer from Facebook.
When a page of our website containing such a plug-in is accessed, the user's browser establishes a direct connection with Facebook's servers. The content of the plug-in is transmitted directly from Facebook to the user's browser and integrated into the website by the user.
By integrating the plug-ins, Facebook receives the information that the user's browser has called up the corresponding page of our website, even if the user does not have a Facebook account or is not logged into such an account on Facebook. This information (including the user's IP address) is transmitted directly from the user's browser to a Facebook server in the USA and stored there.
If the user is logged into a Facebook account, Facebook can directly associate the visit to our website with the corresponding Facebook account. When interacting with the plug-ins, for example by pressing the "LIKE" or "SHARE" button, the corresponding information is also transmitted directly to a Facebook server and stored there. The information is also published on Facebook and displayed to the corresponding "Facebook friends".
Facebook may use this information for the purpose of advertising, market research and tailoring Facebook pages to meet needs. Facebook creates usage, interest and relationship profiles for this purpose, e.g. to evaluate the user's use of our website with regard to the advertisements displayed on Facebook, to inform other Facebook users about the user's activities on our website and to provide other services associated with the use of Facebook.
If you do not want Facebook to associate the information collected through our website with your Facebook account, you must log out of your Facebook account before visiting our pages.
Plug-ins of the Twitter Inc. short message network are available on our website. (Twitter Inc., 1355 Market Street, Suite 900, San Francisco, CA 94103, USA). The Twitter plug-ins and the so-called tweet button are recognizable by the Twitter logo. An overview of tweet buttons can be found here: https://about.twitter.com/resources/buttons.
When a page of our website containing such a plug-in is accessed, a direct connection is established between the browser of the user of our website and the Twitter server. Twitter thus receives information about the user's visit to our corresponding page with their IP address.
If the user clicks the Twitter tweet button while logged into his Twitter account, the contents of our pages can be linked to the corresponding Twitter profile. This enables Twitter to assign the visit to our pages to the corresponding user account. We would like to point out that, as the operator of the pages, we do not have any knowledge of the content of the transmitted data or its use by Twitter.
If it is not desired that Twitter can assign the visit to our pages, the user must log out of the account before visiting our pages.
For the integration and display of video content, we may use plug-ins from YouTube (YouTube, LLC, 901 Cherry Ave., San Bruno, CA 94066, USA).
When a page of our website containing such a plug-in is accessed, a connection is established to YouTube's servers. YouTube thus receives the information of the user's visit to our corresponding page with their IP address.
If the user is logged into his YouTube account, YouTube can assign the surfing behaviour to the user. We would like to point out that, as the operator of the pages, we do not have any knowledge of the content of the data transmitted or of its use by YouTube.
Further information on this can be found in YouTube's data protection declaration at: https://www.google.de/intl/de/policies/privacy.
9. Rights concerned
Affected parties have the right to request information about the personal data processed by us in accordance with Art. 15 DSGVO. In particular, information may be requested on the processing purposes, the category of personal data, the categories of recipients to whom the data have been or will be disclosed, the planned storage period, the existence of a right to rectification, deletion, restriction of processing or objection, the existence of a right of complaint, the origin of the data, if it has not been collected from us, as well as the existence of automated decision-making including profiling and, if applicable, meaningful information on its details, in accordance with Art. 16 DSGVO to immediately demand the correction of incorrect or incomplete personal data of the person concerned stored by us, to demand the deletion of the personal data of the data subject stored by us in accordance with Art. 17 DSGVO, unless the processing is necessary for exercising the right to freedom of expression and information, for fulfilling a legal obligation, for reasons of public interest or for asserting, exercising or defending legal claims, in accordance with Art. 20 DSGVO, to receive your personal data provided to us in a structured, common and machine-readable format or to request transmission to another responsible person, in accordance with Art. 7 para. 3 DSGVO to revoke any consent given to us at any time. The consequence of this is that we may not continue the data processing based on this consent for the future, and complain to a supervisory authority pursuant to Art. 77 DSGVO. As a rule, those affected can contact the supervisory authority at their usual place of residence or workplace or at our registered office.
10. Right of objection
If we process personal data of the users of our website on the basis of legitimate interests pursuant to Art. 6 para. 1 sentence 1 lit. f DSGVO, the user has the right to object to the processing of his personal data pursuant to Art. 21 DSGVO if there are reasons to do so which result from his particular situation or if the objection is directed against direct advertising. In the latter case, there is a general right of objection, which is implemented by us without stating a particular situation.
If the right of revocation or objection is to be exercised, an e-mail to firstname.lastname@example.org, for example, is sufficient.
11. Data security
We use the widespread SSL procedure (Secure Socket Layer) in conjunction with the highest level of encryption supported by the user's browser when visiting our website. As a rule, this is a 256-bit encryption. If the user's browser does not support 256-bit encryption, 128-bit encryption is used instead. Whether an individual page of our website is transmitted in encrypted form can be seen from the closed representation of the key/lock symbol in the lower status bar of the browser.
We also make use of suitable technical and organisational security measures to protect the data processed by us against accidental or intentional manipulation, partial or complete loss, destruction or against unauthorised access by third parties. Our security measures are continuously improved in line with technological developments.
12. Timeliness and amendment of this data protection declaration
Terms & Conditions
1. Scope and definitions
1.2 Customers may be registered and unregistered users of the Portal who do not use the Portal as a operator.
1.3 operators are third natural or legal persons who offer package tours or other services, products or goods via the Portal, for example tour operators, operators of driving safety training courses, cornering or inclined position training courses or enduro training courses, forwarding agents and transport companies, rental vehicle companies, hotel operators or insurance companies.
1.4 Operators of the portal are the natural or legal persons named in the imprint, hereinafter referred to as "MOTOURISMO".
2.1 MOTOURISMO registers customers free of charge, but may refuse registration without stating reasons. MOTOURISMO may also delete registrations that have already been made without stating any reason. Upon registration, a contract is concluded between MOTOURISMO and the customer regarding the use of the portal.
2.2 Registration as a customer is only permitted for natural persons and legal entities with unlimited legal capacity.
2.3 A registration is possible only after specification of user name, e-mail address and password. The provision of further data is voluntary. With regard to data protection concerns, reference is made to the data protection declaration.
2.4 The customer is responsible for the correctness and completeness of the data entered by him. If the data provided change later, the customer is obliged to correct the data immediately.
2.5 When registering, the customer chooses a user name and an individual password. Access to the password-protected areas of the portal is only possible with a chosen user name in conjunction with a chosen password. The customer undertakes to keep his password secret.
2.6 Should the customer discover any misuse of his user account by third parties, he is obliged to inform MOTOURISMO immediately. MOTOURISMO will take appropriate measures as soon as possible from the time of notification and during normal business hours to avert possible damage to the customer. In principle, customers are liable for all actions undertaken under their user name. This only does not apply if the customer is demonstrably not responsible for the misuse of his user name and password.
2.7 The customer may terminate his user account at any time. If a user account is not used for more than one year, Motourismo may delete the account. MOTOURISMO will then delete all data provided by the customer within one month, unless further storage is necessary for evidence purposes or for the fulfilment and settlement of an existing legal relationship. Further details can be found in our data protection declaration.
3. Relationship between MOTOURISMO and the customer
3.1 MOTOURISMO makes the portal available to the customer for the purposes of communication and mediation of contractual relationships with operators, as a rule for the mediation of package travel contracts. If the customer concludes a contract with a operator on the basis of the brokerage of the portal, MOTOURISMO will not become a contractual partner of the customer in this respect. Unless expressly agreed otherwise, MOTOURISMO shall enter into a mediation contract between the customer and MOTOURISMO free of charge for the customer.
3.2 MOTOURISMO is under no circumstances an operator of package tours, individual travel services, trainings or other services published on the portal.
4. Booking / conclusion of contract / payment / insolvency protection
4.1 "Booking" shall mean the conclusion of a contract between the Customer and the operator through the intermediary of MOTOURISMO via the Portal.
MOTOURISMO is not a contractual partner in this contractual relationship, but is merely a contractual partner of the customer with regard to the independent free mediation contract (see Section 3).
4.2 The General Terms and Conditions of Business of the respective operator (including the Terms and Conditions of Carriage of Forwarders and Transport Companies or Insurance Conditions, etc.) shall apply additionally to the respective contractual relationship. The general terms and conditions of business of the operator may, in particular, contain provisions to this effect: Terms of payment, provisions on maturity, liability, cancellation, rebooking, repayment, etc. as well as other booking and tariff conditions. MOTOURISMO refers on the portal to the conditions provided by the operator. It is recommended to read these conditions carefully and, if necessary, to consult the operator in case of ambiguities, queries etc. before booking.
4.3 If the portal is then used to book the package tours, services and other products offered, the customer commissions MOTOURISMO to pass on the booking request in accordance with the tender selected by him in his name and his invoice to the respective operator for the purpose of carrying out the booking. This is the travel registration with the offer to conclude the contract with the operator and the offer to conclude the agency contract with MOTOURISMO.
4.4 MOTOURISMO's acceptance of the order and thus the conclusion of a brokerage contract shall be effected by email immediately after the booking has been made (booking order). However, the actual availability and the final price of the service requested by the operator have not yet been confirmed.
4.5 MOTOURISMO cannot guarantee availability and does not guarantee the correctness and up-to-dateness of the information provided by the operator, including the prices quoted.
4.6 The acceptance of the offer by the operator, i.e. the conclusion of the contract between customer and operator, takes place separately by the respective operator directly to the customer. The booking confirmation contains all details of the booking as well as the final price and is considered as a travel confirmation in the sense of Art. 250 § 6 EGBGB.
4.7 If the booking confirmation deviates from the offer in the travel registration, the booking confirmation shall be deemed a new offer to conclude the corresponding contract for the services covered. The operator is bound to the new offer for 10 days. The contract is concluded on the basis of this new offer if the operator has pointed out the change with regard to the new offer and fulfilled his pre-contractual information duties and the customer declares acceptance to the operator within the binding period by express declaration or down payment.
4.8 Please inform MOTOURISMO immediately of any discrepancies in the confirmation documents that you receive from your operator following a booking, for example by telephone or e-mail. In this way, we want to ensure that we can help you as quickly as possible in your interests in cooperation with the respective operator.
4.9 With regard to a cancellation of the booking or a later change request or withdrawal from the travel contract, only the general terms and conditions of the operator apply.
4.10 MOTOURISMO does not accept payments from customers. The brokerage contract is free of charge for the customer. The customer pays the booked service with the operator exclusively to the operator at the conditions agreed with the operator.
4.11. Since MOTOURISMO excludes the acceptance of customer money, there is no obligation to protect against insolvency. The respective package tour operator in turn has a customer money protection contract, issues the customer with a protection certificate and may only accept payments in accordance with § 651r-t BGB (German Civil Code).
4.12. In accordance with § 651v para. 4 BGB, MOTOURISMO is deemed to be authorised by the tour operator to accept notices of defects and other declarations by the traveller regarding the provision of travel services.MOTOURISMO must then immediately inform the tour operator of such declarations by the traveller.4.13. In all other respects, MOTOURISMO's obligations towards the customer shall end upon fulfilment of the brokerage contract, i.e. upon conclusion of the contract between the customer and the operator for the desired service.
5. information duties / right of withdrawal / liability
5.1 MOTOURISMO fulfils the information obligations according to § 651v of the German Civil Code (BGB) in connection with article 250 §§ 1 to 3 of the Introductory Act to the German Civil Code (EGBGB) when arranging package tours of operators via the portal.Thus MOTOURISMO fulfils at the same time the obligations of the tour operator, i.e. of the respective offerer, from § 651d paragraph 1 sentence 1. The tour operator is liable for the correctness of the information of the offerer on the portal, which leads to the conclusion of a package tour contract.
5.2 For booking errors when booking a package tour through MOTOURISMO the liability regulation of § 651x BGB applies.
5.3 Liability for damage arising directly or indirectly from the use of the www.motourismo.com website is excluded, unless the damage was caused intentionally or through gross negligence.
5.4 If MOTOURISMO is in default of performance due to slight negligence, if performance has become impossible or if MOTOURISMO violates a material contractual obligation, liability for material damage and financial loss resulting therefrom shall be limited to the foreseeable damage typical for the contract.An essential contractual obligation is one whose fulfilment makes the proper execution of the contract possible in the first place, whose breach endangers the achievement of the purpose of the contract and on whose observance the customer may regularly rely.This limitation of liability does not apply in the event of injury to life, limb or health.
5.5 It is pointed out that according to §§ 312 para. 7, 312g para. 2 sentence 1 no. 9 BGB there is no right of revocation for package travel contracts concluded by distance selling.Insofar as the respective operator otherwise has rights of revocation, the operator shall provide the relevant information within the framework of the invitation to tender for his offer at MOTOURISMO.
6. Applicable law and place of jurisdiction
The law of the Federal Republic of Germany shall apply. Customers can only sue MOTOURISMO at its seat. Hamburg shall be the exclusive place of jurisdiction for customers who use the portal as merchants.This shall also apply if the customer does not have a general place of jurisdiction in Germany or another EU member state or if his place of residence or habitual abode is not known when legal action is filed.
8. voucher conditions
The general terms and conditions and data protection regulations of MOTOURISMO apply to the purchase of vouchers. In addition, the following voucher conditions apply:
The MOTOURISMO voucher can be used in accordance with these conditions within the framework of bookings on the website www.motourismo.com . The voucher will be sent to you in the form of a greeting card after receipt of payment by post or email.
Voucher and voucher code are bound to the holder named on the voucher. Only the owner can redeem the voucher by naming the voucher code. The owner can pass on the voucher to third parties by informing MOTOURISMO of the new owner by name in writing or by email. MOTOURISMO will then reissue the voucher to the new named owner.
b. Redeeming the voucher
The voucher can be used for booking the offers of all organizers distributed via MOTOURISMO.com. The value of the voucher will be deducted from the invoice amount. MOTOURISMO takes over the payment of the invoice at the organizer for the booking of the voucher holder in the amount of the voucher value.
c. Remaining credit
If the voucher value exceeds the invoice amount, any remaining credit remains and can be used by entering the voucher code again. A cash payment of the (residual) value of the voucher is excluded.
d. Period of validity
Vouchers must be redeemed at the latest by the end of the third year after the voucher code has been transmitted; thereafter they lose their validity.
You undertake to keep the voucher code secret and to communicate it only to the person to whom you wish to give the voucher. MOTOURISMO is not liable for any loss, theft, misuse or delay in transmission (e.g. due to technical difficulties) of the voucher code.
Platform of the EU Commission regarding online dispute resolution: https://ec.europa.eu/consumers/odr